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Division Of Spouses Property And Insolvency Proceedings

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  • Paul POPOVICI

    (Assistant Professor, “Dimitrie Cantemir”, University, Cluj-Napoca Law Faculty; lawyer, Arad Bar, ROMANIA.)

  • Lena STAN

    (Legal adviser, SC Expo Transilvania SA, Cluj-Napoca, ROMANIA.)

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    Abstract

    The opening of an insolvency procedure impacts considerably the referred parties, indirectly affecting other people involved. We considered the case of a debtor’s spouse who is in a state of insolvency and the case of admitted personal liability according to art. no. 138 of the Romanian Insolvency Proceedings Law. The obvious interest for a fraudulent division of goods can be traced back to the circumvention of some valuable assets from the enforcement procedure. The authors offer, in a succinct and practical manner, a few clues aiming the annihilation of such frequent fraudulent acts, together with some relevant French jurisprudential doctrine.

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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj12/recjurid121_12F.pdf
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    Bibliographic Info

    Article provided by Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation in its journal Curentul Juridic, The Juridical Current.

    Volume (Year): 48 (2012)
    Issue (Month): (March)
    Pages: 136-139

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    Handle: RePEc:pmu:cjurid:v:48:y:2012:p:136-139

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    Web page: http://www.upm.ro/facultati_departamente/ea/
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    Related research

    Keywords: property division; spouses; insolvency; procedure;

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